139
139
Apr 21, 2013
04/13
by
MSNBCW
tv
eye 139
favorite 0
quote 0
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
63
63
Apr 22, 2013
04/13
by
MSNBCW
tv
eye 63
favorite 0
quote 0
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
158
158
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 158
favorite 0
quote 0
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
79
79
Apr 22, 2013
04/13
by
MSNBCW
tv
eye 79
favorite 0
quote 0
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
114
114
Apr 21, 2013
04/13
by
FOXNEWSW
tv
eye 114
favorite 0
quote 0
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
86
86
Apr 22, 2013
04/13
by
MSNBCW
tv
eye 86
favorite 0
quote 0
there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do you want to know? >> we want to know if there's further risk to the public and other co-conspirators out there that pose a risk. was there foreign direction? foreign players still involved in this. how did they organize this? was this self-directed by these two or was there foreign direction? you can imagine over the next weeks and months that's what the intelligence agencies are going to be poring through. we'll know as much as we possibly can about every day in their lives over the last few years, every trip they made, every person they talked to. every family member that can b
there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do...
72
72
Apr 23, 2013
04/13
by
FOXNEWSW
tv
eye 72
favorite 0
quote 0
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
110
110
Apr 20, 2013
04/13
by
CNNW
tv
eye 110
favorite 0
quote 0
and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have the video evidence and they have forensic evidence, and i am sure they have dna evidence now because there has been blood and a fight. so they are more interested in trying to get information for him to identify whether there are any more accomplices or relationships to foreigners. >> is there anybody else out there? >> of course, that's question number one. and for the information gathering they are doing now is totally separate from the case they will be making in court. >> they are trying to piece together not just the last few days but in some cases the last year, or more than a
and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have...
115
115
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 115
favorite 0
quote 0
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
79
79
Apr 21, 2013
04/13
by
MSNBCW
tv
eye 79
favorite 0
quote 0
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
227
227
Apr 21, 2013
04/13
by
MSNBCW
tv
eye 227
favorite 0
quote 0
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
152
152
Apr 22, 2013
04/13
by
CNNW
tv
eye 152
favorite 0
quote 0
he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we know. >> you've cut to the very heart of the first and maybe biggest controversy is whether he should be read his rights or encouraged to speak as freely as possible without an attorney present. that's the other part of the miranda proses. the part that you have the right to an attorney. they don't particularly want him to have an attorney right now. >> mie ran y rairanda was invok protect rights. it can impede an investigation but it's to provide personalization and due process. the supreme court was careful in 1984 to charve out this exception to that says if there's an immedia
he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we...
150
150
Apr 20, 2013
04/13
by
CNNW
tv
eye 150
favorite 0
quote 0
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
118
118
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 118
favorite 0
quote 0
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
37
37
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 37
favorite 0
quote 0
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
124
124
Apr 23, 2013
04/13
by
MSNBCW
tv
eye 124
favorite 0
quote 0
. >> he did not need to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a hospital bed facing charges. his condition now reported as fair. more than a week after the bombing, 45 of the scores of wounded remain hospitalized, and at least 13 have lost limbs. for the victims, the physical and emotional toll comes with a very real financial one as well. massive bills for trauma care, prosthetic limbs and even home modifications. not to mention, lengthy physical rehab and psychological counseling. as such, one fund boston is stepping in to help. already raising over $10 million for victims and their families. and while the injured struggle with recovery, the families of t
. >> he did not need to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a...
132
132
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 132
favorite 0
quote 0
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
32
32
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 32
favorite 0
quote 0
he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirators, no outstanding plots, you can ask someone questions without giving them a miranda warning and all their answers are still add admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do t
he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety,...
117
117
Apr 21, 2013
04/13
by
MSNBCW
tv
eye 117
favorite 0
quote 0
was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we focus on months that one suspect spent overseas rather than the years that both spent in the u.s. we assume a limited geography for the incubation of evil. so here we go. the crisis is over and the politics begin. folks, this is actually the most dangerous part. with me at the table today is msnbc contributor and georgetown university professor, michael eric dyson. valerie core, a writer and fi filmmak filmmaker. co-host of the cycle and robert pape, director of the project security and -- >> bb, let me start with you. what do you think happened this week? >> what i think happened is we had homegrown te
was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we...
119
119
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 119
favorite 0
quote 0
mccain and graham says the injured suspect is not entitled to his miranda rights. they want him to be treated as an enemy combatant. it's a non-debate for him. the mother-in-law she is sickened by the horror inflicted. the family realizes now they never really new tamerian tsarnaev, the suspect number one and cannot begin to comprehend this tragedy. we are all over the developments including something going on in the city of chicago. more on that in a second. here is what we got for you now. mike tobin in watertown, massachusetts. what is the latest on the investigation there. ed henry at the white house responding to all these crosscurrents everywhere. to eric shawn where the injured suspect remains not surprisingly under heavy guard. mike? >> reporter: neil, this is the i dill i can neighborhood where it came to an end in a blaze of gunfire. the view of the helicopter pilot had there was someone hiding in that boat. he was wounded and bleeding, dzhokar tsarnaev half an hour from the cover of night that could have allowed him to move again. there were federal agen
mccain and graham says the injured suspect is not entitled to his miranda rights. they want him to be treated as an enemy combatant. it's a non-debate for him. the mother-in-law she is sickened by the horror inflicted. the family realizes now they never really new tamerian tsarnaev, the suspect number one and cannot begin to comprehend this tragedy. we are all over the developments including something going on in the city of chicago. more on that in a second. here is what we got for you now....
148
148
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 148
favorite 0
quote 0
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
212
212
Apr 23, 2013
04/13
by
FOXNEWSW
tv
eye 212
favorite 0
quote 0
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
263
263
Apr 17, 2013
04/13
by
FOXNEWSW
tv
eye 263
favorite 0
quote 0
. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got a street address, apartment number. but maybe there is more than one person. maybe there is two or three. and there is a real danger in putting out public information. if you could be showing your hand and tipping off others that could be people that you want to talk to. that's the category and area that could be very dangerous. >> another possibility here is that the boston police department jumped the gun. the f.b.i., my understanding, is in control of the situation, and believe me, there is a real higher arcky throughout the country when the feds come in, they come in and they take over and they're the chain of command,
. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got...
981
981
Apr 23, 2013
04/13
by
CNNW
tv
eye 981
favorite 0
quote 0
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
156
156
Apr 22, 2013
04/13
by
CNNW
tv
eye 156
favorite 0
quote 0
let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception beyond the immediacy of the act i think is something that will be taken up, and it will have to be looked at maybe by the u.s. supreme court who just last week heard oral argument in the case from houston that was asking the question when does the fifth amendment or when does your right to remain silent gyp, and so we're already looking at these issues. this is an expansion i think that expands the public safety exception. i think some court is going to have to look at that. >> thank you very much. it's been almost a week now since this city was terrorized, and it's seemingly been one
let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception...
28
28
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 28
favorite 0
quote 0
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
258
258
Apr 22, 2013
04/13
by
FOXNEWSW
tv
eye 258
favorite 0
quote 0
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
373
373
Apr 20, 2013
04/13
by
KNTV
tv
eye 373
favorite 0
quote 0
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
131
131
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 131
favorite 0
quote 0
turns to gathering incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be declared an enemy combatant. now senator lindsay graham says he should be declared an enemy combatant so a thorough interrogation, a lengthy one without limits could be undertaken. would you agree with that? >> i know, i think it's hard to judge from a distance, without greater information. so, no, i wouldn't be calling to treat him as an enemy combatant without more information. the consequence is, you treat him like an enemy combatant, you may have a longer interview that may or may not give you better information than if you mirandize him. but it poses a real problem, in terms of prosecutes him and bringing him
turns to gathering incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be...
59
59
Apr 20, 2013
04/13
by
FBC
tv
eye 59
favorite 0
quote 0
. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and ongoing investigation we will be reviewing all of the evidence before that decision is made in terms of whether or not to seek the death penalty. you review all of the evidence and it is a thoughtful, long process that is engaged and the attorney general of the department of justice that makes the final decision. >> can you tell us what happens at the scene was the moving around? how did you know, ? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of information and finding blood in the car , beh
. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and...
89
89
Apr 23, 2013
04/13
by
FOXNEWSW
tv
eye 89
favorite 0
quote 0
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
29
29
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 29
favorite 0
quote 0
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
80
80
Apr 22, 2013
04/13
by
MSNBCW
tv
eye 80
favorite 0
quote 0
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
126
126
Apr 22, 2013
04/13
by
CNNW
tv
eye 126
favorite 0
quote 0
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
513
513
Apr 22, 2013
04/13
by
CNNW
tv
eye 513
favorite 0
quote 0
they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements
they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can...
85
85
Apr 22, 2013
04/13
by
MSNBCW
tv
eye 85
favorite 0
quote 0
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
180
180
Apr 20, 2013
04/13
by
CNNW
tv
eye 180
favorite 0
quote 0
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
103
103
Apr 22, 2013
04/13
by
MSNBCW
tv
eye 103
favorite 0
quote 0
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
128
128
Apr 23, 2013
04/13
by
CNNW
tv
eye 128
favorite 0
quote 0
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
94
94
Apr 23, 2013
04/13
by
CNNW
tv
eye 94
favorite 0
quote 0
you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life. and there was this finding from the judge, and this one is important. quote, i find that the defendant is alert, mentally competent, and lucid. he is aware of the nature of the proceedings. okay? so that is the basis for the discussion. joined by retired superior court judge isaac borenstein in boston. he's done hospital visits over his 22 years as a judge. let us begin with the idea, confusion and frustration about miranda rights. give them right away, if you don't give them, then this prosecution is astray. what is the basic understanding o
you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life....
73
73
Apr 20, 2013
04/13
by
CNNW
tv
eye 73
favorite 0
quote 0
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the public safety exception is to find out whether or not there is explosive devices out there that would cause some harm to the public -- >> which they're worried about. they don't know where all the pipe bomb went. >> sure. it's an absolute right to use the public safety exception in these circumstances. or is there an act of conspiracy beyond him and his brother. that's important for law enforcement to get to the heart of that as quickly as possible. >> that's an important point. we've been talking about, you know, they thought during the day that he could have some of those pipe bo
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the...
141
141
Apr 22, 2013
04/13
by
FOXNEWSW
tv
eye 141
favorite 0
quote 0
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
137
137
Apr 21, 2013
04/13
by
KGO
tv
eye 137
favorite 0
quote 0
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of ammunition, guns and working bombs these men had. they were so disciplined. >> any indication of another sleeper cell? >> right now, no evidence of a broader plot involving more people here, but law enforcement officials say they can't take that chance. the investigation is full tilt to find that out. >> okay, pierre, thanks very much. let's get more on this from our team of analysis from our team, dan abrams, brad garrett and richard clarke. dan, let me begin with you. the question about the questioning of the witness, at least at first he will not be read his miranda rights. >> that's rig
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of...
158
158
Apr 20, 2013
04/13
by
CNNW
tv
eye 158
favorite 0
quote 0
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
192
192
Apr 21, 2013
04/13
by
FOXNEWSW
tv
eye 192
favorite 0
quote 0
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
107
107
Apr 23, 2013
04/13
by
CNNW
tv
eye 107
favorite 0
quote 0
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make a deal to avoid the death penalty. if he is simply saying it is me and my brother, what does he have to negotiate with? >> there's no one to else to give up. >> right. >> and frankly,
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member...
214
214
Apr 20, 2013
04/13
by
CNNW
tv
eye 214
favorite 0
quote 0
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
165
165
Apr 22, 2013
04/13
by
FOXNEWSW
tv
eye 165
favorite 0
quote 0
it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to answer it. the obama administration has taken a radical approach to the miranda rule by coming out of nowhere with this 48 hour rule that doesn't exist in any statute and no court has permitted it. >> going to regret it? >> i think they will. bass opposite they start using it there will be no stop to it. >> shepard: investigators want to talk with the wife of the older bombing suspect. are lawyer says she won't be able to tell them much because she had no idea he was up to anything until she saw he was a suspect on television. that part of the story is next. updating our breaking news. authorities in canada are expected to announce multiple arrests relate toad what they're calling a major bomb plot. we're now getting conflicting reports about whether new york city was on a target list. sources telling fox news, at laos one man was arrested in quebec, another in ontario. tha
it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to answer it. the obama administration has taken a radical approach to the miranda rule by coming out of nowhere with this 48 hour rule that doesn't exist in any statute and no court has permitted it. >> going to regret it? >> i think they will. bass opposite they start using it there will be no stop to it. >> shepard:...
180
180
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 180
favorite 0
quote 0
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...